Supreme Court of India
The Management of Regional Chief Engineer P.H.E.D. Ranchi v. Their Workmen Rep. by District Secretary
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From the headnote
Labour Laws: Back wages – When can be claimed – Courts below awarded full back wages directing reinstatement of the workm en – Held: workman has no right to claim back wages if he has been rein stated – It is necessary for the workman to plead and prove that he was not gainfully employed – Employer is also entitled to prove otherwise – However, initial burden is on the workman – Direction of courts below to award full back wages has caused prejudice to the e mployer – In exercise of jurisdiction u/Art. 142 of the Const itution, in the interest of justice, 50% of total back wages is awarded –
Authorities it was built on
- 2013 Deepali Gundu Surwase v. Kranti Junior Adhyapak Mahavidyalaya (d.ed.) and Others
- 2005 General Manager, Haryana Roadways v. Rudhan Singh
- 2003 M.P. State Electricity Board v. Smt. Jarina Bee
- 2005 U.P. State Brassware Corpn. Ltd. and Anr. v. Udai Narain Pandey
- 2007 J.K. Synthetics Ltd. v. K.P. Agrawal and Anr.
- 2009 Metropolitan Transport Corporation v. V. Venkatesan
- 2009 Jagbir Singh v. Haryana State Agriculture Marketing Board & Anr.
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